SADC tribunal to rule on landmark Zimbabwe farm case this week

By Tererai Karimakwenda
12 December, 2007

On Tuesday the new Southern African Development Community (SADC) Tribunal in Namibia finally held a hearing in the case brought by Zimbabwean white farmer Mike Campbell against the government of Zimbabwe. The farmer is seeking an interim order blocking the government from interfering with operations on his farm. There was a three-hour preliminary hearing, after which the President of the SADC tribunal Judge Onkemetse Tshosa, said they would deliver a ruling before the end of the week.

Lawyer Matthew Walton from Walton Jessop Associates, part of the team representing Campbell, explained that a full hearing of the arguments is to be conducted early next year. A brief report from Advocate Adrian De Bourbon, who was chief defence counsel for Campbell on Tuesday, said lawyers for the Zimbabwe government told the court they would abide by the order if granted. This means the Zimbabwe government promised not to evict Campbell or his employees until the full hearing, if the tribunal orders it.

De Bourbon also reported that the proceedings in Namibia were held in a very professional manner. Lawyers for the Zimbabwe government, headed by Nelson Mutsanziwa, rather embarrassingly went to the wrong building and then were reprimanded by the Tribunal because they did not bring their robes as is required. They also failed to produce any arguments showing that the government would suffer any losses if they were to stay away from Campbell’s farm until the full hearing.

Mutsanziwa questioned the Tribunal’s authority to hear this matter, saying they had no jurisdiction over the case. But this was easily dismissed because Zimbabwe is signatory to the SADC Treaty and the court has powers according to Article 14.

Campbell was denied justice in Zimbabwe after he sought a Supreme Court order blocking the Zimbabwe government from interfering on his farm. The case was heard in the Supreme Court back in March but a judgement has yet to be delivered.

An earlier date for the hearing was postponed after the Tribunal registrar failed to notify the government of Zimbabwe, because a fax machine at the Zimbabwe office was allegedly not working.

The Tribunal registrar then postponed the hearing to Tuesday, December 12. This was one of various dates on which the chief defence counsel, Advocate Jeremy Gauntlett, was not available. But this was ignored. These incidents had created suspicion that there may have been interference in the case.

It is hoped the SADC tribunal will be objective, as it was established as part of a regional peer-review system among member states.

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